DIVERSITY, EQUITY, AND INCLUSION ("DEI") EDUCATION
This bill requires a public institution of higher education offering bachelor's, master's, or doctoral degrees, or a trade school offering healthcare-related degrees, certification programs, or training that receives state funds ("institution"), to annually certify to the state board of medical examiners and the Tennessee higher education commission that the institution does not require the following:
(1) Applicants to ascribe to DEI ideologies or discriminate against applicants who do not ascribe to DEI ideologies during the application process; or
(2) Admitted students to study or ascribe to DEI ideologies.
This bill defines "DEI" as an effort to promote racial diversity in an aspect of a healthcare related academic program; a reference to group differences within a given setting along cultural, ethnic, gender, gender identity, national origin, race, religion, or sexual orientation lines; and promulgating policies, practices, and procedures designed or implemented with reference to those group differences. However, the term does not include equal opportunity or equal employment opportunity materials designed to inform individuals about the prohibition on discrimination based on a protected status under state and federal law.
This bill further requires an institution to publish the titles and syllabi of all mandatory courses, seminars, classes, workshops, and training sessions on the institution's website in an online database that is readily searchable by the public.
This bill prohibits an institution from conducting DEI audits or otherwise engaging with DEI consultants.
STANDARDIZED ADMISSION TEST
This bill requires an institution to require a standardized admission test focused on knowledge and critical thinking around science and medical training as a requirement for admission. Before an institution may alter the academic standards for the admission of new students to a healthcare-related course of study or for the conferral of a healthcare-related degree or certificate, the institution must submit the following to the speaker of the senate, the speaker of the house of representatives, and the Tennessee higher education commission:
(1) A copy of the proposed academic standards;
(2) A concise general statement explaining the standards; and
(3) The proposed effective date of the standards.
The standards become effective no earlier than 60 days after such submissions. However, the standards do not become effective if, within 60 days of receiving the information, the general assembly passes, and the governor approves, a joint resolution expressly disapproving the standards. If such a resolution is passed and approved, then the standards are void.
DEI TRAINING
This bill prohibits the following:
(1) Healthcare-related professional licensing boards from adopting or imposing, as a condition of obtaining or renewing licenses, incentives or requirements that applicants for licensures undergo and that demonstrate familiarity with or support DEI training, education, material, or programs;
(2) Organizations that issue state-required, healthcare-related professional licenses and certifications from using DEI material or requiring DEI training as a part of their certification process; and
(3) Healthcare-related professional licensing boards and organizations that issue healthcare-related professional licenses and certifications from conducting internal DEI audits or otherwise engaging DEI consultants.
This bill requires medical providers and institutions to annually certify to the state board of medical examiners that they do not require their employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be instructed with DEI material with respect to state funds.
This bill requires a state entity applying for a federal healthcare-related grant related to DEI to do the following:
(1) Publish on its website all materials, requirements, and instructions related to the federal grant application that are in the entity's possession;
(2) Submit a copy of the grant proposal to the state board of medical examiners for public posting; and
(3) Submit a copy of the grant proposal to all members of the health and welfare committee of the senate and the health committee of the house of representatives.
A healthcare provider with more than 50 employees or an institution must annually certify to the state board of medical examiners and to the attorney general, under the penalty of perjury, in a statement by an officer of the provider or institution, that the provider or institution is in compliance with this bill.
This bill requires the state board of medical examiners to annually publish on its website a list of all healthcare-related contractors, grant recipients, healthcare providers, institutions, and organizations that have provided certification that they are not engaging in promoting, teaching, participating in, or requiring DEI material. Recipients of state contracts or grants, executed, renewed, or amended on or after July 1, 2023, must certify to the chief procurement officer, prior to being awarded a contract or grant, that the recipient does not and will not require its employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be instructed with DEI material with respect to state funds.
CAUSE OF ACTION
This bill authorizes an aggrieved person to commence an action against a healthcare provider or institution for a violation of this bill as long as the person brings suit no later than one year after the alleged violation occurred. Sovereign immunity to suit is waived and abolished to the extent of liability created by this bill.
If an aggrieved person proves that a healthcare provider or institution violated this bill, then the person may obtain:
(1) Declaratory relief;
(2) Injunctive relief;
(3) Statutory damages of not less than $100,000 assessed against the healthcare provider or institution;
(4) Compensatory damages; and
(5) Costs and attorney's fees.
INVESTIGATION BY ATTORNEY GENERAL
This bill authorizes the attorney general to investigate allegations of violations of this bill. In addition to relief granted to an aggrieved person under a private right of action and other remedies, the attorney general may seek civil penalties of up to $1,000,000 against a healthcare provider or institution for each violation of this bill. This bill requires penalties to be deposited in the state general fund.